A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

When a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where a worker retires, an employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred, and where there exist special circumstances, the period may be extended by mutual agreement between the parties concerned.

The Defendant is the representative of Geumcheon-gu Seoul Metropolitan Government Co., Ltd., who employs approximately twenty full-time workers and engages in the manufacturing industry, etc. The Defendant did not pay the amount of KRW 191,66 of the wages of 20 workers from January 1, 2013 to September 30, 2015, which was paid within 191,666 of the wages of 191,666, retirement allowances of 6,720,515, total amount of KRW 7,295,513 within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties, as stated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act provides that the Defendant was only punished once on the same case, and that the Defendant was unable to pay wages or retirement allowances to employees while closing down his/her business due to business difficulties, and does not seem to have committed a planned or malicious crime.